Fitts v. Zurich General Accident & Liability Insurance

The evidence in this case showed that the deceased employee, Fitts, was employed by the Wingard Fertilizer Company to sell fertilizer on a commission basis. He traveled in his own car. He was killed on a return trip from South Carolina where he had gone to sell, and where he did actually sell, fertilizer for his employer. The president of the employer company testified that Fitts paid for his gasoline and oil, car repairs, and traveling expenses; that there was no set time for him to work; that he worked when he wanted to; that the hours of his work were not fixed; that Fitts selected the…